When most people hear the phrase “best interests of the child,” they might think of a well-worn cliché loaded with emotional baggage. But the phrase actually has a straightforward legal definition. In the eyes of the law, the best interests of the child is a term used to evaluate a range of issues related to a child’s safety, health, and wellbeing.
The term is used to determine both public and private decisions that affect a child’s life. For example, in a divorce settlement, the court may refer to what’s in the best interests of the child when deciding how custody, consumption, and support will be split between parents.
When applied to custody proceedings, this term has particular legal significance. Here, the courts will consider the child’s lifestyle, emotional stability, and ethical values in determining whether one parent should be given preference over another. These evaluations are also taken into account during legal issues such as emancipation, adoption, guardianship, and termination of parental rights cases.
What Are the Factors the Court Considers?
In addition to considering a child’s health, safety, and wellbeing, the courts may determine the best interests of the child based on a variety of factors, including:
- Moral Values – Courts will usually consider the moral or ethical values the child was raised with when evaluating custodial arrangements.
- Financial Support – Courts are also interested in which parent is more likely to provide economic stability for the child.
- Physical Environment – Where the child will live is another factor that courts consider when determining best interests.
- Health and Stability – Courts will always take into account similarities between the child’s upbringing and the proposed custodial arrangement.
When deciding what’s best for the children, the court always takes into consideration the wishes of the child, as long as those desires are realistic and age-appropriate.
Conclusion
The term “best interests of the child” has distinct legal significance and is used to evaluate a variety of issues related to a child’s safety, health, and wellbeing. The court considers several factors when determining these best interests, including moral values, financial support, physical environment, and health and stability. In the end, the court always takes into consideration the desires of the child when deciding what’s best for them.